13May 2014 – a qualifying home as defined in section 90AA.

13 May 2014 – a qualifying home as defined in section 90AA. 90AA Meaning of qualifying home on and after 13 May 2014 (1) For section 90(10)(c), for a conveyance that is first executed on or after 13 May 2014 a home is a qualifying home if: (a) the home has not been previously occupied or sold as a place of residence; or (b) all of the following apply: (i) the home is the subject of a contract for the purchase of the home; (ii) the sale of the home is, under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), a taxable supply as a sale of new residential premises as defined in section 40-75(1)(b) of that Act; (iii) the home has not, since being renovated, been occupied or sold as a place of residence; or (c) the Commissioner declares the home to be a qualifying home under subsection (2). Note for subsection (1)(b)(ii) Section 40-75(1)(b) of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), relates to residential premises that have been created through substantial renovations of a building.

Stamp Duty Act 1978 100 (2) The Commissioner may declare a home that would not otherwise be a qualifying home, to be a qualifying home in relation to a conveyance if satisfied that: (a) it would be a qualifying home but for the fact that it has previously been sold as a place of residence; and (b) doing so would not have the effect of circumventing limitations on, or requirements affecting, eligibility for or entitlement to a principal place of residence rebate imposed by or under this Act. place of residence includes a building, or part of a building, occupied as residential accommodation (regardless of the duration of the occupation). Examples for subsection (3) A building occupied as residential accommodation might include a hotel, serviced apartments or workers accommodation.